Injunction for Protection Against Stalking Attorney
Fla. Stat. 784.048
defines stalking as when a person maliciously, willfully and repeatedly harasses, follows or cybertstalks another person. In order to obtain an Injunction for Protection Against Stalking in the Florida courts, at least two incidents of stalking must be documented. In addition to the possibility of an injunction, a person who commits the act of stalking in Florida is guilty of a 1st degree misdemeanor which is punishable by up to one year in jail. The courts may issue an injunction for protection against stalking on behalf of any person who is a victim of stalking. A stalking injunction may also be sought by the parent or legal guardian of a minor child who is the victim of stalking. A petition for an injunction for protection against stalking may be brought in the Circuit Court of the county where the stalking occurred or in the circuit where either the petitioner or respondent reside. A petition for an injunction for protection against stalking is initiated by an individual completing a petition at the circuit court. The petition seeking an injunction must lay out the specific facts and circumstances of the alleged stalking. Once the petition has been submitted to the Court, a Circuit Court Judge will review the petition and decide whether to deny the petition altogether, to issue a temporary injunction or to decline to issue a temporary injunction but still set the case for a final hearing. The Court will decline to issue a temporary injunction in cases where the Court concludes that there is not immediate and present danger of stalking but may still set the matter for a final hearing. A final hearing is usually scheduled for a date within 14 days of the initial petition because a temporary injunction may only stay in place for 14 days absent a showing of good cause by either party indicating the reasons why the temporary injunction should be extended beyond 14 days. If a continuance is granted to either party, then if a temporary injunction was issued, it will remain in full effect until such time as the final hearing is held by the court. Once the judge has made an initial ruling on the petition for protection against stalking, the Respondent must be personally served by the Sheriff's Office with the petition, notice of final hearing and a copy of the temporary injunction if one was issued by the court. A permanent or temporary injunction for protection against staling is valid and enforceable in all of the counties in the State of Florida. After the Court has held an evidentiary hearing on the petition for an injunction, the court may issue relief deemed just and proper including enjoining the respondent from engaging in stalking against the petitioner and/or ordering the respondent to attend counseling or treatment. Possessing ammunition or a firearm by a person who is the subject of an active injunction for protection against staling is a violation of
Fla. Stat. 790.233
and is a 1st degree misdemeanor punishable by up to one year in jail. Once an injunction has been issued by the Court, either party may motion the court to modify or dissolve the injunction at any time. The circuit court that issued the injunction has the power to enforce the terms of the injunction through either civil or criminal contempt hearings. An individual who willfully violates the terms of an injunction for protection against stalking is guilty of a misdemeanor of the first degree which is punishable by up to one year in jail. A third violation of an injunction against the same victim is a 3rd degree felony which is punishable by up to 5 years in Florida state prison. The presiding court also has the power to award damages to anyone who has suffered a monetary loss by a violation of an injunction for protection against stalking.
Whether you are seeking an injunction for protection against stalking on behalf of yourself or a minor child or if you have been served with a temporary injunction or a notice to appear for a hearing where someone is seeking an injunction against you, it is crucial to retain legal representation by an attorney who is experienced and skilled at handling stalking injunction hearings. A final hearing in a stalking injunction case is a sort of mini trial where the parties are permitted to introduce evidence and the testimony of witnesses in order to support their position. An experienced attorney should be well versed in the procedural requirements relevant for organizing and presenting your case to the court. Having an injunction entered against a person can have monetary and professional consequences. An injunction for protection against stalking is a public record with the clerk of courts and consequentially may be detected by a background investigator when a person is seeking employment. An injunction for protection against stalking also endangers a person's liberty because a violation of an injunction can have criminal justice consequences. Whether you are a petitioner seeking an injunction or a respondent who has been served with a notice of hearing or a temporary injunction is unwise for a person to go to court unrepresented for an injunction hearing. My law firm Quinn Law, P.A. focuses upon criminal, family law and domestic violence cases and as such I have gained extensive experience in representing both petitioners and respondents in injunction hearings. Quinn Law, P.A. offers free case evaluations to prospective clients. Call (954) 463-0440 or toll free (844) ADQ-LAW4 in order to speak with a stalking attorney and set up a consultation in order to evaluate your specific situation.
